IN THE
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Lois E. Adams, et al, |
Plaintiffs, |
versus | Civil Action No: 98-1665 (LFO, MBG, CKK)
William Jefferson Clinton, et al, |
Defendants |
ORDER
It is this 14th day of April 1999 hereby
ORDERED: that Counsel may, at or before Noon on Friday, April 16. 1999, brief (with courtesy copies to the chambers of each member of this court), and in any event should be prepared to address in oral argument, the Supreme Court's summary affirmance of the three-judge district court decision in Albaugh v. Tawes, 233 F. Supp. 576 (D. Md.), aff'd, 379 U.S. 27, 85 S. Ct. 194 (1964) -- specifically whether considerations "essential to sustain that judgment," Illinois State Ed. of Elections v. Socialist Workers Party, 440 U.S. 173, 183, 99 S. Ct. 983, 989 (1979) are precedent binding upon this court in the instant case. In short, is the "summary decision" in Albauah binding "until [page 2] such time as the [Supreme] Court informs [us] that [it] is not."? Hicks v. Miranda, 422 U.S. 322, 345-46, 95 S. Ct. 2281, 2289
(1975) (internal quotation marks omitted).
Louis F. Oberdorfer,
UNITED STATES DISTRICT JUDGE


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